The Public Commissioners (KP) have appealed several ruling of the Independent Qualification Commission (KPK) since the beginning of the vetting process, some following the International Monitoring Operation’s (ONM) recommendations and others with commissioners’ initiative. Out of the 26 magistrates in the vetting priority list confirmed by the KPK, the Public Commissioners have appealed confirmation rulings and demanded dismissals for 10 (38%) of them.
The KPK has not published its calendar on cases review as yet, but taking into account that all the following judges and prosecutors are candidates to KLGJ, KLP, KED, or members of the Consitutional Court, their removal would further complicate the already stuck process of forming of these institutions.
Exit.al had compiled a full list of the appeals by the Public Commissioners and the ONM.
On 31 October, the KP appealed KPK’s ruling to confirm in duty the Serious Crimes Prosecutor Besnik Muçi, at the same time a candidate to the High Prosecutorial Council (KLP). According to the KP, Mr.Muçi has no legal sources to justify his wealth; hence, it demands a more thorough investigation by the Special Appeals Chamber (KPA).
On 26 October, following ONM’s recommendation, the Public Commissioner demanded the dropping of the KPK’s ruling and the removal from duty of the Administrative Appeal Court judge Artur Malaj. According to the KP and ONM, judge Malaj does not justify his wealth by legal sources; he is suspected of corruption while on duty, and he has failed to show he is professionally able to keep his duty. Genta Tafa, Suela Zhegu and Pamela Qirko had confirmed Artur Malaj in duty on 3 August. He is also a candidate to the High Judicial Inspectorate (ILD).
On 12 October, following ONM’s recommendation, the Public Commissioner demanded the removal from duty for the Chairman of the High Court Xhezair Zaganjori. Judge Zaganjori has submitted incorrect declarations of his wealth throughout the past years, he has intentionally dodged taxes and other legal obligations, and he does not justify his and his family’s wealth by legal sources. The KPK judicial body, made up of Olsi Komiçi, Pamela Qirko and Roland Ilia, reconfirmed Zaganjori on July 24. Find here a full analysis of KPK’s ruling on judge Zaganjori.
On 25 September, the KP demanded the removal from duty of Serious Crimes Appeal Court judge Nertila Kosova. According to the KP, the KPK has not conducted a full and thorough investigation of judge’s and her family’s wealth. The KP has requested a new investigation by the Special Appeals Chamber (KPA) into the sources of her wealth, before KPA rules on whether to drop or confirm the ruling of the KPK judicial body made up of Firdes Shuli, Roland Ilia and Olsi Komiçi. Nertila Kosova is a candidate to the High Judicial Council (KLGJ).
On 14 September, following ONM’s recommendation, the KP discharged Administrative Court judge Gentian Medja on the ground of his incomplete professional skills assessment. Roland Ilia, Firdes Shuli and Xhensila Pine made up the judicial body ruling on the case on 1 August 2018. Medja is also a candidate to the KED.
On 29 August, following ONM’s recommendation, the KP demanded the discharge of Tirana prosecutor Antoneta Sevdari, who is also competing for a seat in the High Prosecutorial Council (KLP). According to the Public Commissioner, the KPK ruling on Sevdari was based on incomplete evidence and an insufficient investigation regarding denunciations against the prosecutor, her professional skills and her husband’s income. Firdes Shuli, Valbona Sanxhaktari and Roland Ilia had made the confirmation ruling on Sevdari on 18 July.
On 28 August, the KP demanded the discharge of Tirana Court judge Astrit Faqolli, again on ground of not being able to justify his wealth. Roland Ilia, Firdes Shuli and Genta Tafa had made the confirmation ruling of Faqolli on 25 July. He is competing for a seat in the High Judicial Council.
On 14 August, the KP appealed to the Special Appeals Chamber (KPA) the confirmation ruling on Tirana Court judge Alma Brati. Acccording to the KP there have been shortcomings in the administrative investigation by KPK and documents submitted by the judge were not sufficient. Some of the issues pointed out by the KP relate Brati’s wealth. In addition, Brati is one of the judges passing the vetting process with a KPK assessment of minimal professional skills. Pamela Qirko, Genta Tafa Bungo and Lulzim Hamitaj had made the confirmation ruling on Brari on 5 July. She is also competing for a seat in the High Judicial Council.
On 27 July, following ONM’s recommendation, the KP discharged the Chairman of Constitutional Court Bashkim Dedja on grounds of not being able to justify his wealth by legal sources. Dedja is one of the only two members of the Constitutional Court confirmed in duty. His discharge by the Special Appeals Chamber (KPA) would have serious implications in forming the new Constitutional Court.
On 13 July, KP demanded the discharge of High Court member Edmond Islamaj, while at the same time requesting a more thorough investigation into his and family’s wealth. KPK’s judicial body made up of Suela Zhegu, Pamela Qirko and Genta Tafa had confirmed Edmond Islamaj in his duty on 7 June.
Furthermore, the ONM has recommended the Public Commissioners to appeal the ruling on Serious Crimes Prosecutor Gentjan Osmani, on grounds of lack of justification for his wealth and its non-legal sources. The KPK has breached the deadline and until today has not yet published the ruling on Osmani, which on the other hand makes it impossible for the KP to appeal an unpublished ruling.